Professional Documents
Culture Documents
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section Title
1. Short title.
2. C o m m e n c e m e n t .
3. Interpretation.
P A R T 11
THE AUTHORITY
P A R T IV
25. Definitions.
26. Establishment of Content Committee.
27. Powers and functions ofthe Content Committee.
28. Power ofthe Minister.
29. Meeting and Procedures ofthe Committee.
30. Powers ofthe Authority in relation to the Committee.
P A R T V
T H E TANZANIA B R O A D C A S T I N G S E R V I C E S (TUT)
THE COUNCIL
COMPLAINTS AND D I S P U T E R E S O L U T I O N
40. Complaints.
41. Procedure and power ofthe authority.
42. Appeals to the Fair Competition Tribunal.
43. Inconsistency with sector legislation.
44. Inconsistency with other law.
No. 12 Tanzania Communications Regulatory Authority 2003 3
P A R T rx
E N F O R C E M E N T AND COMPLIANCE
45. Compliance.
46. Declaration.
47. Regulations and Rules.
48. Offences
P A R T X
PART XI 1
AMENDMENT O F THE TANZANIA COMMUNICATIONS ACT, 1993
59. Construction.
60. Amendment ofthe long title.
6 1. Amendment of section 2.
62. R e p e a l of section 3.
63. R e p e a l of section 4.
64. R e p e a l of section 6\
65. R e p e a l of section 1 0 .
66. R e p e a l o f section I OA.
67. R e p e a l of section 22.
68. Repeal of Part V I 1 .
69. R e p e a l of First and Third S c h e d u l e s .
4 No. 12 Tanzania Communications Regubtory Authority 2003
70. Construction.
7 1. Amendment ofthe long title.
72. Amendment of section 2.
73. Amendment of section 3.
74. R e p e a l of section 5.
75. R e p e a l of section 6\
76. R e p e a l of Part V.
77. R e p e a l ofthe Schedule.
78. Construction.
79. Amendment of section 2.
80. Amendment of section 7.
SCHEDULES
FIRST SCHEDULE
THE B O A R D O F D I R E C T O R S O F THE A U T H O R H Y
S E C O N D SCHEDULE
T H E U N I T E D R E P U B L I C O F TANZANIA
No. 12 OF 2003
ASSENT,
President
23rd May, 2 0 0 3
[ ]
PARTI
PRELIMINARY PROVISIONS
Short title 1. This Act may be cited as the Tanzania Communications Regulatory
Authority Act, 2003.
Com 2. - (1) This Act shall come into operation on such date as the Minister
mence
m e n t and
may, by notice published in the Gazette, appoint.
Applica
tion (2) The Minister may appoint different dates for the c o m m e n c e m e n t
of different parts or provisions ofthis Act.
6 No. 12 Tanzania Communications Regulatory Authority 2003
PART 11
THE A U T H O R I T Y
(f) t a k i n g into a c c o u n t t h e n e e d to p r o t e c t a n d p r e s e r v e t h e
environment.
(3) In the performance of its functions, the Authority shall not award
or c a n c e l a l i c e n c e with a n exclusivity p e r i o d or u n i v e r s a l s e r v i c e
obligations or having a term of five or more years without prior consul
tation with the Minister and the relevant sector Minister.
(6) The members ofthe Board shallbe paid such fees and allowances
as m a y be determined by the Minister on the advice ofthe Authority.
No. 12 Tanzania Communications Regulatory Authority 2003 11
(7) The provisions ofthe First Schedule to this Act shallhave effects
as to the composition ofthe Board, the tenure of office of its m e m b e r s ,
terminations of their appointment, the proceedings ofthe Board and other
matters in relation to the Board and its m e m b e r s .
(3) The Council a n d the body representing the private sector shall
both consult as widely as possible with industry organization before
nominating any person under subsection (2).
(4) The Authority s h a l l p a y all such allowances, fees and any other
e x p e n s e s incurred by the Nomination Committee, consultants or any
other p e r s o n in the c o u r s e of his duties to the Authority, as it m a y be
approved by the Minister from time to time.
(3) The Authority shall pay from its funds e x p e n s e s incurred by the
Nomination Committee in the course ofthe discharge ofits duties.
(a) publish a draft ofthe code in the Gazette and in the Public Register;
and
(b) hold an inquiry.
(3) Where the Authority becomes aware that a member has a conflict
of interest in relation to any matter which is before the Authority, the
Authority shall direct the m e m b e r t o refrain from taking part, ortaking
any further part, in the consideration or determination ofthe matter.
(a) enter into any contract of employment with, or contract for the
s u p p l y of s e r v i c e s to, a n y p e r s o n or o r g a n i z a t i o n u n d e r the
jurisdiction o f t h e Authority d u r i n g t h e m e m b e r ' s t e r m o f
office or employee's service with the Authority.
(b) acquire or hold any financial interest, whether as any employee,
partner, shareholder, officer or joint venture, in any business or
organization supplying services to any p e r s o n or organization
under the jurisdiction ofthe Authority during the member's term
of office or employee's service with the Authority.
14 No. 12 Tanzania Communications Regulatory Authority 2003
(6) W h e r e the Authority d e t e r m i n e s t h a t the conflict is likely to
interfere significantly with the member's proper and effective performance
as provided for in s u b s e c t i o n (5), the m e m b e r shall resign, e x c e p t if
within the next thirty days the member eliminates the conflict to the satis
faction ofthe Authority within thirty days.
(a) enter into any contract of employment with, or contract for the
s u p p l y of s e r v i c e s to, a n y p e r s o n or o r g a n i z a t i o n u n d e r the
jurisdiction o f t h e Authority d u r i n g t h e m e m b e r ' s t e r m o f
office or employee's service with the Authority.
(b) acquire or hold any financial interest, whether as any employee,
partner, shareholder, officer or joint venture, in any business or
organization supplying services to any p e r s o n or organization
under the jurisdiction ofthe Authority during the member's term
of office or employee's service with the Authority.
No. 12 Tanzania Communications Regulatory Authority 2003 15
The 13.- (1) There shallbe a Director-General ofthe Authority who shall
Director \j appointed by the Minister from a m o n g s t a list of n a m e s submitted by
Q
Directors, 14. - (1) There shallbe employed by the Authority, Divisional Directors
consult
e a c h with responsibilities for a particular sector.
ants and
other
staff (2) The Authority shall appoint a person as Divisional Director only
if he shall have provable knowledge and appropriate experience in rela
tion to the relevant sector.
(5) T h e Authority s h a l l a p p o i n t c o n s u l t a n t s a n d e x p e r t s o f t h e
Authority in various disciplines on s u c h terms a n d conditions a s the
Authority m a y from time to time determine.
(7) The Authority shall comply with the competitive selection procedure
e s t a b l i s h e d u n d e r s u b s e c t i o n (6) w h e n e v e r it a p p o i n t s e m p l o y e e s ,
consultants or experts.
(8) The Authority shall appoint a Secretary on such terms and con
ditions as it d e e m s fit.
PART hT
P O W E R S AND P R O C E E D I N G S O F THE AUTHORITY
(2) Without limiting the powers conferred under subsection (1), the
Authority shall also have the following powers -
(4) Any person shall not be excused from complying with summons
under this section on the grounds that compliance may tend to incriminate
the person or make the person liable to a penalty, save that information,
d o c u m e n t s and evidence provided in a n s w e r to a s u m m o n s will not be
admissible in any proceedings against the person other than proceedings
under this Act, sector legislation, the Fair Competition Act, 2003 or any
environment protection legislation.
18 No. 12 Tanzania Communications Regubtory Authority 2003
(5) Any person who without lawful excuse, refuses or fails to comply
with a s u m m o n s u n d e r t h i s section, commits an offence and is liable on
c o n v i c t i o n to a fine o f n o t l e s s t h a n t h e e q u i v a l e n t in T a n z a n i a n
shillings of United States dollars five hundred or to imprisonment for a
term not less six months or both such fine and imprisonment.
18.- (1) The Authority may conduct an inquiry where it considers it> O W ertc
n e c e s s a r y or desirable forthe purpose ofcarrying out its functions, hold
inquiries
(4) The Minister may specify in a direction under section (3) a time
within which the Authority shall submit its report following the inquiry
and if so the Authority shall submit its report to the Minister within that
time.
(6) The Minister shall, by order published in the Gazette, make rules
for conducting inquiries u n d e r this section.
Competi- 19. - (1) In carrying out its functions and exercising its powers under
tion this Act, and under sector legislation in relation to particular markets for
policy regulated services, the Authority shall take into a c c o u n t -
and
contra
ventions (a) w h e t h e r the conditions for effective competition exist in the
of law on market;
competi- (b) w h e t h e r any exercise by the Authority is likely to c a u s e a n y
tion
lessening of competition or additional costs in the market and is
likely to be detrimentalto the public;
(c) whether any such detriments to the public are likely to outweigh
any benefits to the public resulting from the exercise ofthe powers.
2 0 N o . 12 Tanzania Communications Regulatory Authority 2003
(3) Subject to the provisions of subsections (1) and (2), the Authority
shall place on the Public Register a copy of any recommendation.
r tnorit
20. - (1) There m a y be established in relation to a matter or m a t t e 4 9 y
o f a particular kind, a Committee ofthe Authority c o m p o s e d of not l e ^ ^ r m u
than two m e m b e r s ofthe Board. t e e
(2) The Authority may direct that some of its powers in relation to a
matter or matters of a particular kind, other than powers the Authority
m a y not delegate u n d e r section 2 1 , be exercised by a Committee ofthe
Authority.
(3) The Authority shall include in its Annual Report a report on the
implementation ofits consultation programme during the y e a r covered
by the Report.
(4) For the purpose ofthis section, it shallbe the duty ofthe Authority
to establish and identify the persons, organizations and institutions to be
consulted.
Public 23. - (1) There shall be a Public Register kept by the Authority at its
Register principal office, which shall be available for public inspection at all
times during business hours.
(2) There shallbe kept at the sub-office ofthe Authority copies ofthe
Public Register which s h a l l b e accessible for inspection by m e m b e r s of
the public.
(3) The Authority shall from time to time determine the categories of
decisions and information which would be placed on the Public Register
and will notify the Minister accordingly.
2 2 N o . 12 T a n z a n i a C o m m u n i c a t i o n s R e g u l a t o r y Authority 2003
(5) The Authority shall exclude from the Public Register any document
or p a r t of a d o c u m e n t which is confidential within the provisions of
section 24.
(6) The Authority shall ensure that where possible the Register shall
be accessible to the public by internet.
(2) The Authority shall s e t out procedures and publish in the Gazette
on how it will disclose its confidential materials or information.
PARTIV
C O N T E N T COMMTTTEE A N D ITS F U N C T I O N S
25. In this P a r t -
Defini-
"Charter" m e a n s a n a g r e e m e n t e n t e r e d b e t w e e n the G o v e r n m e n t arid
the Tanzania Broadcasting Services with regard to the provision of
public service broadcasting in the country;
m m e e
"Content C o m m i t t e e " o P i t t ' ' m e a n s a Committee established
under section 26 which shallbe responsible for regulation of broadcast
c o n t e n t t r a n s m i t t e d by a n y b r o a d c a s t i n g station or a n y electronic
communication media as a broadcasting service;
No. 12 Tanzania Communications Regulatory Authority 2003 23
(2) The Committee shall have such functions as the Authority, in the
exercise ofthe powers u n d e r t h i s Part m a y confer to the Committee.
(6) The Minister may by writing under his hand give the Committee
directions of a general or specific nature and the Committee shall comply
with every such direction.
mittee
b e r at his u s u a l p l a c e of b u s i n e s s or r e s i d e n c e n o t less t h a n ten d a y s
before the date ofthe meeting and where the Chairman is unable to act
o r i s absent, the Vice Chairman elected by the m e m b e r s a m o n g s t them
selves shall preside a t t h e meeting.
(5) Where any member absents himself from three consecutive meetings
ofthe Committee without sufficient c a u s e , the committee shall advise
the appointing authority ofthe fact a n d the appointing authority m a y
terminate the appointment ofthe m e m b e r and appoint another m e m b e r
in his place.
2 6 N o . 12 Tanzania Communications Regulatory Authority 2003
(6) Subject to this Part, the Committee shall have power to regulate
its own procedure in relation to its meetings a n d the transaction of its
business.
relation
to t h e
o m m i t
(2) The p o w e r ofthe Authority to authorize the establishment of -
sub-Committee or p a n e l by the Committee includes power to authorise
the e s t a b l i s h m e n t of a s u b - C o m m i t t e e or p a n e l that includes p e r s o n s
who are not m e m b e r s ofthe Committee.
PART V
T H E TANZANIA B R O A D C A S T I N G S E R V I C E S (TUT)
ad
casting Services and the Minister responsible for broadcastBfg "
s n g
e m p o w e r s the T a n z a n i a B r o a d c a s t i n g S e r v i c e s to b e c o n f d ^
II- - I I , Services
public service b r o a d c a s t e r ;
(c) to ensure that the charter empowers the Tanzania Broadcasting
Services to have universal service obligations.
No. 12 Tanzania Communications Regulatory Authority 2003 27
(2) Subject to the provisions ofthis Act, the charter shall prescribe
c a t e g o r i e s of s e r v i c e s to b e provided by the T a n z a n i a B r o a d c a s t i n g
Services such as -
PART VI
REVIEW AND APPEALS P R O C E D U R E S
(2) The Authority shall appoint the members ofthe Review P a n e l for
a t e r m n o t e x c e e d i n g five y e a r s on s u c h t e r m s a n d conditions a s the
Authority shall d e e m fit, and shall fill any vacancy on the P a n e l as soon
as is reasonably practical after the v a c a n c y occurs.
(3) The Review P a n e l shallbe the source of persons who may from
time to time be drawn to form the Internal R e v i e w Committee w h o s e
functions are as provided for u n d e r section 34 ofthe Act.
28 No. 12 Tanzania Communications Regulatory Authority 2003
(a) two members ofthe Review Panel, one of whom shallbe a lawyer
a n d a n o t h e r shall be qualified in the field ofthe subject ofthe
application;
(b) one member ofthe Board who did not participate in the decision
which is the subject ofthe application.
(4) The Internal Review Committee shall allow not less than twenty-one
d a y s for s u b m i s s i o n s to b e m a d e in relation to t h e a p p l i c a t i o n for
review.
(a) shall comply with section 34 and may exercise the powers ofthe
Authority u n d e r that section;
(b) m a y take s u c h s t e p s , including exercising the p o w e r s o f t h e
Authority to o b t a i n information, d o c u m e n t s a n d e v i d e n c e
under section 17, as it deems necessary to inform itself of matters
relevant to the applications for review.
(7) Within three weeks after receipt ofthe submission under subsection
(4), the Internal Review Committee shall consider the application together
with any submissions received, prepare a recommendation and submit
to the Authority for its decision.
PART VI1
THE COUNCIL
(5) In nominating and appointing persons for the Council, the members
ofthe private sector and the Minister shall have regard to the desirability
ofthe Council as a group having knowledge a n d u n d e r s t a n d i n g ofthe
interests of c o n s u m e r s and that ofthe regulated services, including the
interest of-
No. 12 Tanzania Communications Regubtory Authority 2003 31
(6) The Council shall make its own rules for regulating its procedures
and other matters relating to its functions.
(7) The Minister shall appoint the Chairman and the m e m b e r s shall
elect the Vice Chairman from a m o n g s t their number.
Powers 38.- (1) The Council s h a l l h a v e powers and perform the following
a n d
functions, namely:
oTthlT" 8
(a) to represent the interest of consumers by making submissions to,
council providing views a n d information to a n d consulting with the
Authority, Minister and sector Ministers;
(b) to receive and disseminate information and views on matters of
interestto c o n s u m e r s ofregulated goods and services;
(c) to establish local, regional and sector consumer committees and
consult with them;
(d) to consult with industry, government and other consumer groups
on m a t t e r s o f i n t e r e s t t o c o n s u m e r s o f r e g u l a t e d g o o d s a n d
services.
(2) The Authority shall in the first three years ofthe existence ofthe
Council provide for the secretariat, and thereafter the Council shallhave
its own Secretariat.
(6) The Chairman shall preside at meetings ofthe Council and in his
a b s e n c e m e m b e r s p r e s e n t may appoint one of their n u m b e r to preside at
the meeting.
39.- (1) The funds and resources ofthe council shall consist of - F u n d s of
the
u n c i l
(a) s u c h s u m s a s m a y b e a p p r o p r i a t e d b y p a r l i a m e n t for t S e
p u r p o s e s o f t h e C o u n c i l during t h e f i r s t t h r e e y e a r s oftffe ,
1 1
annual
existence ofthe Council; r e p o r t
(b) such sums as may be appropriated from the funds ofthe Authority
forthe purposes ofthe Council;
(c) grants, donations, b e q u e s t s or other contributions.
(2) The Council shall pre scribe procedure forenabling m e m b e r s of
the business community and organizations representative ofthe private
sector to contribute to and b u d g e t for all the meetings a n d transactions
ofthe Council.
(7) subject to subsection (5), the annual report ofthe Council shall
include the financial s t a t e m e n t s o f t h e Council for the immediately
preceding financial year and the auditor's report b a s e d On the aforemen
tioned financial s t a t e m e n t s .
No, 12 Tanzania Communications Regubtory Authority 2003 33
(8) The Council shall prepare a budget and submit to the Minister for
approval be fore the end of each financial year for the following financial
year showing estimates ofits receipts and expenditures for the following
financial year.
PART VI11
COMPLAINTS AND DISPUTE R E S O L U T I O N
COM- 40. - (1) This section shall apply to any complaint against a supplier
plaints ofregulated goods or services in relation to any matter c o n n e c t e d with
the supply, possible supply or purported supply ofthe goods or services.
dure and
(a) requiring a party to supply goods or services for specified period$>;owerof
5
(b) requiring a party to supply goods or services or specified ternfe
. . . Authority
and conditions;
(c) requiring a party to pay the costs of another party or o f a person
appearing at the hearing or producing d o c u m e n t s ;
(d) dismissing a complaint;
(e) imposing fines;
(f) for specific performance;
(g) for refunds;
(h) appointing trustees;
(i) setting up of escrow accounts; and
6 ) for such other relief as m a y b e d e e m e d n e c e s s a r y or reasonable.
42. - (1) This section shall apply to any award ofthe Authority u n d e A e a i s PP
(2) Where a party is not satisfied with an award to which this section
applies he m a y a p p e a l to the Fair Competition Tribunal within twenty-
one d a y s , thereafter the award s h a l l b e placed on the Public Register.
(3) Subject to the provisions ofthis Act, the grounds of appeal to the
Tribunal shall be as follows that -
inconsis- 43. . (I) Subjectto sub-section (2), where there is any inconsistency
tency b e t w e e n the provisions ofthis Act a n d the provisions of a s e c t o r Act,
W l t h
this Act shall prevail and the sector legislation will be read down to the
s q c to r
legisia- extent ofthe inconsistency.
tion
(2) W h e r e a s e c t o r Act h a s b e e n p a s s e d a n d t h a t Act e x p r e s s l y
provided that the provision of that Act will s u p e r c e e d or prevail over
the provision ofthis Act the provision of sector legislation shall prevail
and this Act s h a l l b e read down to the extent ofthe inconsistency.
36 No. 12 Tanzania Communications Regubtory Authority 2003
44. 41) A person shall not contravene a provision of the Fair Competition Inconsis
Act, 2003, or the B u r e a u of S t a n d a r d s Act, 1975 by r e a s o n only of tency with
engaging in a conduct or refraining from engaging in a conduct permitted other law
u n d e r this Act, s e c t o r legislation or a n y s u b o r d i n a t e l e g i s l a t i o n ^ o ^ ^
instrument u n d e r any ofthe aforementioned Acts -
( a ) w o u l d b e in b r e a c h o f t h e F a i r C o m p e t i t i o n Act, 2003 if
sub-section (1) did not apply to the conduct; and
(b)the conduct is against the public interest, the Commission shall
report the matter to the Minister.
(3) Where the Minister receives a report from the Commission under
sub-section (2), he m a y direct the Authority to take n e c e s s a r y steps to
e n s u r e that the conduct described by the Commission is not required,
authorized or approved by the Authority.
PART LX
E N F O R C E M E N T AND COMPLIANCE
45.- (1) Where the Authority is satisfied that a person has committaaimpii-
or is likely to commit an offence against this Act or a sector legislatiornce
it m a y make a compliance order u n d e r this section.
(5) Acopy ofa compliance order shallbe placed on the Public Register
and a copy s h a l l b e served on the person against whom it is m a d e .
47-- (1) The Minister may make regulations and rules which are not Regula-
inconsistent with this Act or a sector legislation as he considers necessary tions a n d
R u l e s
or desirable to give effect to the provisions ofthis Act.
(2) The Authority may, in consultation with the Minister make rules
with r e s p e c t to -
(4) Any person who contravenes or fails to comply with rules made
u n d e r this section, commits an offence a n d is liable on conviction to a
fine of not less than the equivalent in Tanzanian shillings of United States
dollars five h u n d r e d .
ofthis Act, commits an offence against this Act and is liable on conviction
to a fine of not less than the equivalent in Tanzanian shillings of United
States dollars three t h o u s a n d or imprisonment for a term not less than
twelve months or to both such fine and imprisonment.
(5) Where a person charged with an offence under this Act is a body
corporate, every p e r s o n who, at the time ofthe commission ofthe of
fence was a director, m a n a g e r or officer ofthe body corporate m a y be
c h a r g e d jointly in the s a m e proceedings with s u c h body corporate and
where the body corporate is convicted ofthe offence, every such director,
m a n a g e r or officer ofthe body corporate shallbe d e e m e d to be guilty of
that offence unless he proves that the offence was committed without
his k n o w l e d g e or t h a t h e e x e r c i s e d all d u e diligence to p r e v e n t the
commission ofthe offence.
PARTX
FINANCIAL PROVISIONS
(3) An annual levy payable under subsection (2) shall not exceed 1.5
p e r c e n t ofthe gross operating r e v e n u e o f r e g u l a t e d supplier from the
supply of regulated goods and services.
(5) The Authority shall by rules published in the Gazette made under
section 47 a n d Public Register prescribe licence fees and other fees to
be paid by persons in connection with the procedures ofthe Authority.
(6) The Authority shall disclose details ofthe sources of its funds in
the Annual Report.
(2) The Authority shall use funds from the special account only for
one or more ofthe following purposes -
Act No. (2) The accounts ofthe Authority m a y at any time and shall, at the
33 end of each financial year, be audited by a person registered as an auditor
ofl972 under the Auditors and Accountants (Regis ha tion) Act, 1972, appointed
by the Authority on s u c h terms a n d conditions a s the Authority m a y
determine.
Perfor 52.-(1) The Controller and Auditor General shall at least once every
mance
two y e a r s a n d more frequently as h e s e e s fit, c o n d u c t a p e r f o r m a n c e
audit
a u d i t by the Authority ofits functions including its p e r f o r m a n c e in
relation to key performance indicators.
Annual 53.- (1) Before 30th September each year, the Authority shall prepare
report an a n n u a l report in r e s p e c t of that y e a r up to 3011 June and submit it to
the Minister, who shall lay it before the National Assembly.
(5) If the Authority's auditor reports that the budget does not represent a
fair and reasonable projection of income and expenditure, the Minister
shall require the Authority to revise the budget to correct the deficiencies.
PART XI
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
(2) This Act shall not operate so as to affect in a prejudicial way the
rights of a n y p e r s o n u n d e r a l i c e n c e or p e r m i t g r a n t e d prior to t h e
c o m m e n c e m e n t of this Act or a n y c o n t r a c t e n t e r e d into prior to the
c o m m e n c e m e n t of this Act.
(3) Forpurposes ofsections 56, 57 and 58, the effective date shallbe
the date designated as such by the Minister.
Rights of 58. -(I) The service of any employee or staff of the former Tanzania
employ- Communications Commission and the Tanzania Broadcasting Commission
e e s
s h a l l b e d e e m e d to be continuous with the Authority.
(2) As soon as practicable but in any case not later than three years
from coming into operation ofthis Act, the Authority shall comply with
the provisions of section 14 ofthis Act in r e s p e c t of e m p l o y e e s who
have b e e n a b s o r b e d by the Authority.
44 No. 12 Tanzania Communications Regulatory Authority 2003
PART XII
C O N S EQUENTIAL AMENDMENTS
AMENDMENTS OF THE
TANZANIA COMMUNICATIONS ACT, 1993
section
22
69. The First and Third Schedules to the principal Act are r e p e a l e - i p e a i o f
First
Schedule
AMENDMENT OF THE
BROADCASTING SERVICES ACT, 1993
1 6
70. The Broadcasting Services Act, 1993, hereinafter referred t&Wff -
"the principal Act" is a m e n d e d . tion A c t
6 of 1993
e n d
77. T h e principal Act is a m e n d e d b y d e l e t i n g the long title a f k l -
substituting for it the following: m e n t of
the long
"An Act to provide for the regulation of b r o a d c a s t i n g a n ^
other related matters by the Tanzania Communications Regulatory
Authority-.
A M E N D M E N T O F THE TANZANIA P O S T S
C O R P O R A T I O N ACT, 1993
Constru
78. The Tanzania P o s t s Corporation Act, 1993 hereinafter referred to
ction Act
as "the principal Act" is a m e n d e d .
N o . 19 of
1993
SCHEDULE
l.-(I) The Board of Directors ofthe Authority shall consist of- Compo
sition o f
(a) a Chairman and a Vice Chairman who shall be non-executive;
the
(b) four non-executive m e m b e r s ; and
Board
(c) the Director-General appointed u n d e r section 13.
(2) Members, including the Chairman, and Vice Chairman shall e a c h be eligible for
r e - a p p o i n t m e n t for o n e further s u c c e s s i v e term b u t s h a l l n o t otherwise be eligible for
re-appointment.
(3) Any member, may at any time resign by giving notice in writing to the appointment
authority and from the date specified in the notice or if no date is so specified, from the
date of receipt ofthe notice by the appointment authority, be shall c e a s e to be a member.
No. 12 Tanzania Communications Regulatory Authority 2003 49
Secretary 3 - (1) The Board shall appoint a lawyer of not less than ten years experience to be
the Secretary ofthe Board.
(2) The Secretary ofthe Board may take part in proceedings ofthe Board but shall
have no vote.
Meetings 4.-(]) The Board shall m e e t at least four times yearly at such d a t e s , places and times
of the a s it d e e m s n e c e s s a r y for the t r a n s a c t i o n of its b u s i n e s s a n d it s h a l l c o n v e n e s p e c i a l
Board meeting upon r e q u e s t by the majority of m e m b e r s .
(3) The Chairman or, in his a b s e n c e , the Vice-Chairman, may on his own motion,
a n d shall, if r e q u e s t e d in writing in that b e h a l f by a t least half the m e m b e r s , c o n v e n e a
special meeting ofthe Board.
(5) The Board may act notwithstanding any vacancy in its membership.
11. Subject to this Act, the Board shall have power to regulate its own procedurgijard
relation to its meetings and the transaction ofits b u s i n e s s . may
regulate
lts o w n
P a s s e d in the National Assembly on the 9th Aprii2003,
r
> ' procee
dings